Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (15)
- International Law (6)
- Human Rights Law (5)
- Courts (3)
- Family Law (3)
-
- Intellectual Property Law (3)
- Health Law and Policy (2)
- Labor and Employment Law (2)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Environmental Law (1)
- Food and Drug Law (1)
- Judges (1)
- National Security Law (1)
- Rule of Law (1)
- Sexuality and the Law (1)
Articles 1 - 26 of 26
Full-Text Articles in Law
Introduction: Positioning Universal Health Coverage In The Post-2015 Development Agenda, Andrea L. Frey
Introduction: Positioning Universal Health Coverage In The Post-2015 Development Agenda, Andrea L. Frey
Washington International Law Journal
Protecting and promoting health is central to sustained economic and social development. Three of the eight United Nations Millennium Development Goals (“MDGs”) focused on health, including reducing incidences of HIV and malaria, improving maternal health, and reducing child mortality. Although specifying disease areas and health outcomes ensured that the targets had a clear focus, it also created many problems. In particular, the approach neglected the creation of strong, effective health systems. The UN’s adoption of the MDGs in 2000 created greater recognition that sustaining progress in health depends on such systems in the international community. The MDGs conclude at the …
Sustainable Development And Social Inclusion: Why A Changed Approach Is Central To Combating Vulnerability, Joshua Castellino, Sarah Bradshaw
Sustainable Development And Social Inclusion: Why A Changed Approach Is Central To Combating Vulnerability, Joshua Castellino, Sarah Bradshaw
Washington International Law Journal
The United Declaration of Human Rights established the fundamental basis of international human rights law, Unfortunately, the over emphasis on civil and political rights within this agenda restricted greater engagement with questions concerning development. The focus on individual rights and antagonistic relations between states has led to a human rights practice that fails to achieve social inclusion for many and allows vulnerable groups io fall by the wayside. Equally unfortunately, the practice has too often focused on international level actors such as states and other entities, thus failing to take notice of national level policies and initiatives that do help …
Human Rights, Environmental Protection, And The Sustainable Development Goals, John H. Knox
Human Rights, Environmental Protection, And The Sustainable Development Goals, John H. Knox
Washington International Law Journal
In recent years, international human rights tribunals and other bodies have identified ways that environmental harm can interfere with the enjoyment of human rights, and have clarified that States have obligations to protect human rights against such interference. For example, States have duties to provide access to environmental information, to protect rights of free expression and association in relation to environmental issues, and to provide for participation in environmental decision-making. This article examines how well the draft Sustainable Development Goals (“SDGs”) proposed by the United Nations Open Working Group reflect the human rights obligations relating to environmental protection. It concludes …
Innovative Financing And Sustainable Development: Lessons From Global Health, David Gartner
Innovative Financing And Sustainable Development: Lessons From Global Health, David Gartner
Washington International Law Journal
The growth of innovative financing for development over the last decade has demonstrated the enormous potential of new mechanisms for generating resources beyond traditional official development assistance. In the global health sector, diverse innovative finance institutions provide a window into the relative merits of approaches that rely on taxation, bonds, and advanced contract arrangements. The experience of IFFIm, UNITAID, and the AMC offer broader insights into the importance of sustainability and participation in ensuring the success of innovative finance mechanisms, as well as the potential for innovative financing to contribute to realizing the Sustainable Development Goals. The most successful of …
Human Rights Education For All: A Proposal For The Post-2015 Development Agenda, Gillian Macnaughton
Human Rights Education For All: A Proposal For The Post-2015 Development Agenda, Gillian Macnaughton
Washington International Law Journal
The Millennium Development Goals (“MDGs”) have been highly successful in bringing commitment, expertise and funding to key human development targets in education, health, gender equality and other poverty reduction measures. Yet, the MDGs failed to integrate, or even align with, the international human rights laws to which states have committed themselves. Many commentators argue that linking the post-2015 Sustainable Development Goals with human rights would bring greater participation by people living in poverty in creating the agenda intended for their benefit, higher levels of accountability from governments and international organizations, greater attention to marginalized groups and economic inequality, and a …
Who Leads The G-Zero World? Multi-Nationals, Sustainable Development, And Corporate Social Responsibility In A Changing Global Order, Avi Sharma
Washington International Law Journal
The UN Sustainable Development Goals (“SDGs”) aim to create a more peaceful, just, and environmentally sustainable global community. The SDGs target seventeen areas that demand immediate action by the international community, including the eradication of poverty, gender equality, climate change mitigation, and resilience building. Unfortunately, the world’s most powerful nation-state actors are unlikely to make the costly investments required to achieve the goals laid out in this ambitious UN document. In fact, this article argues that nation-state actors have powerful disincentives to play a leadership role in advancing the SDGs. The question then becomes: if nation-states are unable or unwilling …
Sovereign Debt Governance, Legitimacy, And The Sustainable Development Goals: Examining The Principles On Responsible Sovereign Lending And Borrowing, Marie Sudreau, Juan Pablo Bohoslavsky
Sovereign Debt Governance, Legitimacy, And The Sustainable Development Goals: Examining The Principles On Responsible Sovereign Lending And Borrowing, Marie Sudreau, Juan Pablo Bohoslavsky
Washington International Law Journal
In the context of the Sustainable Development Goals (“SDGs”) negotiation, this article questions to what extent legitimacy matters in sovereign debt governance and, if so, under what conditions. How can one recognize legitimate governance instruments when informality of governance process and practice is regarded as an important goal? This article sees the implementation of SDGs in the global financial arena as facilitated by legitimate normative instruments that reflect general public interest and demonstrate respect for human rights. The implementation of informal norms should give rise to substantive outcomes that are both sustainable and legitimate, thereby complementing the procedural dimension of …
Special Adoption Act (2012) (Korea), Sook Kim, Dong-Jin Douglas Hwang
Special Adoption Act (2012) (Korea), Sook Kim, Dong-Jin Douglas Hwang
Washington International Law Journal
The purpose of this Act is to set forth the necessary requirements and procedures of adopting a child in need of protection, and other matters necessary to support such adoptions, which are all aimed at promoting the rights and welfare of the adopted child.
Abandoned Babies: The Backlash Of South Korea's Special Adoption Act, Sook K. Kim
Abandoned Babies: The Backlash Of South Korea's Special Adoption Act, Sook K. Kim
Washington International Law Journal
South Korea amended its adoption law to reduce the number of foreign adoptions and to keep children with their biological families. However, since the amendment took effect in August 2012, more babies have been abandoned. The amendment (hereinafter the “Special Adoption Act”) created three conditions on birthparents who wish to place their child up for adoption. First, birthparents must wait at least seven days after their child is born before they may consent to placing their child up for adoption. Second, birthparents must receive counseling on the various resources that would be available to them if they choose to raise …
Take Me To Your Liter: Politics, Power, And Public-Private Partnerships With The Sugar-Sweetened Beverage Industry In The Post-2015 Development Agenda, Craig W. Moscetti, Allyn L. Taylor
Take Me To Your Liter: Politics, Power, And Public-Private Partnerships With The Sugar-Sweetened Beverage Industry In The Post-2015 Development Agenda, Craig W. Moscetti, Allyn L. Taylor
Washington International Law Journal
Today, non-communicable diseases (“NCDs”) are widely recognized as a global public health crisis and a foreign policy priority. The international community was slow to identify and respond to the crisis of NCDs in the later part of the twentieth century. However, in 2011 the United Nations High Level Meeting on NCDs recognized NCDs as one of the greatest threats to health and development in the twenty-first century, and a major topic for the post-2015 development agenda. Notably, many experts, national governments, and global leaders have rallied for an inclusive, “whole-of-government” and “whole-of-society” approach, situating public-private partnerships (“PPPs”) with some of …
The New Black On The Development Catwalk: Incorporating Rule Of Law Into The Sustainable Development Goals, Per Bergling, Sophie Jin
The New Black On The Development Catwalk: Incorporating Rule Of Law Into The Sustainable Development Goals, Per Bergling, Sophie Jin
Washington International Law Journal
As the post-2015 Development Agenda is set to replace the Millennium Development Goals (“MDGs”), one of the most controversial new elements of the new agenda is the rule of law. While all of the official fora for discussing and producing recommendations have concluded that the rule of law (or some variation) should be included, there are still significant challenges to its incorporation in the final Sustainable Development Goals (“SDGs”). The interrelated points of contention have included whether rule of law applies at the national government level, whether it encompasses domestic governance, and how the concept should be defined and measured. …
The Sustaintable Development Goals (Sdgs) As Drafted: Nice Idea, Poor Execution, Thomas Pogge, Mitu Sengupta
The Sustaintable Development Goals (Sdgs) As Drafted: Nice Idea, Poor Execution, Thomas Pogge, Mitu Sengupta
Washington International Law Journal
The United Nations General Assembly (UNGA) is scheduled to adopt its 2015-2030 development agenda in September 2015: the Sustainable Development Goals. The United Nations Open Working Group (OWG) on the SDGs set a draft of this agenda before the UNGA in September 2014. Despite clear positives, this draft fails to take advantage of the SDGs’ non-binding and aspirational nature to encourage global leaders to set aside short-term gain in order to invest in a sustainable future. Specifically, the draft ought to identify actors responsible for specific achievements, to envision structural reforms in the global institutional order, to provide for objective …
Legislative History Of The Special Adoption Act (Legislative History) (2012) (Korea), Sook Kim, Dong-Jin Douglas Hwang
Legislative History Of The Special Adoption Act (Legislative History) (2012) (Korea), Sook Kim, Dong-Jin Douglas Hwang
Washington International Law Journal
In order to focus adoption procedures on the welfare of the child, national supervision must be strengthened, and a policy must be established around the basic paradigm that the best protection of a child is for the child to be raised by his/her birth family and in his/her birth country.
The U.K. Supreme Court At War, Po Jen Yap
The U.K. Supreme Court At War, Po Jen Yap
Washington International Law Journal
This article contends that the underlying normative assumptions of civil libertarians and national security “executive unilateralists” are premised on a variant of the “nirvana fallacy.” In other words, civil libertarians generate a best-case scenario for rigorous judicial oversight over executive action during emergencies and compare it to the worst-case scenario for executive action; the reverse holds true for executive unilateralists. In practice, the Supreme Court of the United Kingdom has been cognizant of the institutional advantages and limitations of its office when it adjudicates national security disputes, and has not succumbed to the criticisms of scholars in either camp. Instead, …
The Criminalization Of Revenge Porn In Japan, Shigenori Matsui
The Criminalization Of Revenge Porn In Japan, Shigenori Matsui
Washington International Law Journal
Revenge porn is the practice of posting and distributing sexually explicit images of an ex-partner on the Internet to seek revenge after a breakup. Because it brings serious damages to the victims, it has become a significant social issue in Japan, the United States, and around the world. An increasing number of U.S. states and other countries are now enacting statutes criminalizing revenge porn. Recently, Japan joined these jurisdictions in criminalizing revenge porn when the Diet, the Japanese national legislature, passed the Revenge Porn Victimization Prevention Act. This article compares the Act with legislation in the United States and critically …
Patching Old Wineskins: Heightened Deference Towards Saiban-In Findings Of Fact On Koso Appeals Is Not Enough, Caleb Jon F. Vandenbos
Patching Old Wineskins: Heightened Deference Towards Saiban-In Findings Of Fact On Koso Appeals Is Not Enough, Caleb Jon F. Vandenbos
Washington International Law Journal
The successful introduction of the saiban-in seido—the Japanese lay assessor system—was a tremendous step towards creating meaningful exchange between the public and the judiciary and democratizing the criminal justice system in Japan. To preserve the quality of this exchange, judges must conscientiously solicit and respect lay assessor input during deliberations, and saiban-in decisions must retain their force on appeal. Under current appellate procedure, however, saiban-in findings of fact may be replaced on koso appeal. Koso appeals threaten to eviscerate lay participants’ contributions in the individual case being reviewed and, in the long term, will discourage judges from taking lay …
Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee
Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee
Washington International Law Journal
This article surveys the use of foreign precedents in constitutional adjudication by the Supreme Court of Singapore for over half of a century during the terms of the first three Chief Justices—Wee Chong Jin (1963–1990), Yong Pung How (1990–2006), and Chan Sek Keong (2006–2012)—and the first year in office of the fourth Chief Justice, Sundaresh Menon (2012–2013). It concludes that while judges have always cited foreign case law, they have only actually applied foreign cases where the wording of the Constitution and the constitutional arrangements in Singapore are fairly analogous to the constitutional texts and arrangements upon which the cases …
Substance Overload: A Comparative Examination Of Japanese Corporate Governance Law Through The Lens Of The Daiwa Bank Case, A. Reid Monroe-Sheridan
Substance Overload: A Comparative Examination Of Japanese Corporate Governance Law Through The Lens Of The Daiwa Bank Case, A. Reid Monroe-Sheridan
Washington International Law Journal
Japanese corporate governance law is facing a period of remarkable change. In light of Prime Minister Shinzo Abe’s push for corporate governance reforms and the explosive news of Olympus Corporation’s $1.7 billion accounting scandal in 2011, academics and practitioners alike are devoting renewed attention to the rules that govern Japan’s boardrooms. This increased focus brings to the fore two key questions about Japan’s modern corporate governance principles: how have they evolved and how are they applied in practice? To answer these questions, this article revisits the Daiwa Bank case, one of Japan’s most stunning business scandals. This international criminal conspiracy …
Gay Liberation In The Illiberal State, Stewart L. Chang
Gay Liberation In The Illiberal State, Stewart L. Chang
Washington International Law Journal
A comparative analysis of incrementalist approaches to gay rights as they are deployed in the United States and Singapore demonstrates that seeking gay rights in a full democracy is actually no better than seeking them in an authoritarian regime. Incrementalism ultimately promotes sexual normativity by dividing the gay community into “good gays,” who deserve equal protections, and “bad queers,” who are further marginalized. Incrementalism in the United States began with decriminalization of sodomy and terminated with the recognition of gay marriage but did so by imagining gay sexuality within the context of committed relationships. The gay rights movement in Singapore …
Arbitrage For Property Rights: How Foreign Investors Create Substitutes For Property Institutions In China, Weitseng Chen
Arbitrage For Property Rights: How Foreign Investors Create Substitutes For Property Institutions In China, Weitseng Chen
Washington International Law Journal
This article revisits the prevailing wisdom regarding property rights based on empirical research on the behavior of foreign investors in China. The Property Law did not exist in China until 2007—four years after China replaced the United States as the most popular foreign direct investment destination worldwide. This seems to contradict the conventional wisdom about the indispensable role of property rights in economic growth. This article argues that China’s experiences in fact do not overrule the orthodox view, but rather shed light on the evolution of the regulatory property regime. Property rights still matter in China, but the structure of …
Changing The Rules Of The (International) Game: How International Law Is Turning National Courts Into International Political Actors, Osnat Grady Schwartz
Changing The Rules Of The (International) Game: How International Law Is Turning National Courts Into International Political Actors, Osnat Grady Schwartz
Washington International Law Journal
Courts are known to be political actors. National courts play the political game in the national domain. International courts play it in the international sphere. This article studies the transformation of national courts into international political actors (IPAs), and the part international law plays in so making them. The article identifies, categorizes, and demonstrates the influence of national courts and judges on international relations (IR), separating the influence into two main categories: direct and indirect. Direct influence, is the effect of a national court taking a position on international issues in concrete situations with immediate IR implications. Indirect influence is …
The Policy And Targets Of Criminal Enforcement Of Intellectual Property Rights In China And The United States, Haiyan Liu
Washington International Law Journal
This comparative study analyzes the targets, consequences, and influence factors of the criminal enforcement of intellectual property rights in the United States and China. The analysis reveals unexpected consequences when transplanting Western intellectual property law in Chinese contexts. Similarities in criminal enforcement between the two countries indicate that economic factors that are determinant forces in both the United States and China. These factors include such business practices as: (1) vehement business lobbying and the capture of enforcement agencies by top trademark corporations; (2) the size and market concentration level of top firms in an industry; and (3) trade association lobbying …
New Formalities For Casual Labor: Addressing Unintended Consequences Of China's Labor Contract Law, Daniel S.S. Cairns
New Formalities For Casual Labor: Addressing Unintended Consequences Of China's Labor Contract Law, Daniel S.S. Cairns
Washington International Law Journal
China’s Labor Contract Law (“LCL”) came into force on January 1, 2008. The first major piece of labor legislation since the 1994 Labor Law, the Labor Contract Law expanded legal protection for workers by mandating that labor contracts be in writing and delivered to all workers. Employers, predicting that the law would effectively raise the cost of employing full-time, long-term workers, sought methods of “creative compliance” with the law. One avenue for creative compliance emerged through the loophole in the LCL for so-called “dispatch workers.” Dispatch workers are formally employed by third-party dispatch service agencies and thus not covered by …
Supreme People's Court Annual Report On Intellectual Property Cases (2013) (China), Tong Li, Xiaohan Lou, Zhenan Wang, Qiuwen Xu
Supreme People's Court Annual Report On Intellectual Property Cases (2013) (China), Tong Li, Xiaohan Lou, Zhenan Wang, Qiuwen Xu
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April of each year, summarize and review new intellectual property cases. This translation includes all 30 cases and 39 legal issues of the 2013 Annual Report. It addresses patent law, trademark law, copyright law, unfair competition, contractual intellectual property rights, liability of intellectual property infringement, and intellectual property litigation procedure and evidence. While China is not a common law country, these cases and guidelines provide lower courts with meaningful insight and direction.
New Formalities For Casual Labor: Addressing Unintended Consequences Of China's Labor Contract Law, Daniel S.S. Cairns
New Formalities For Casual Labor: Addressing Unintended Consequences Of China's Labor Contract Law, Daniel S.S. Cairns
Washington International Law Journal
China’s Labor Contract Law (“LCL”) came into force on January 1, 2008. The first major piece of labor legislation since the 1994 Labor Law, the Labor Contract Law expanded legal protection for workers by mandating that labor contracts be in writing and delivered to all workers. Employers, predicting that the law would effectively raise the cost of employing full-time, long-term workers, sought methods of “creative compliance” with the law. One avenue for creative compliance emerged through the loophole in the LCL for so-called “dispatch workers.” Dispatch workers are formally employed by third-party dispatch service agencies and thus not covered by …
Supreme People's Court Annual Report On Intellectual Property Cases (2013) (China), Tong Li, Xiaohan Lou, Zhenan Wang, Qiuwen Xu
Supreme People's Court Annual Report On Intellectual Property Cases (2013) (China), Tong Li, Xiaohan Lou, Zhenan Wang, Qiuwen Xu
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April of each year, summarize and review new intellectual property cases. This translation includes all 30 cases and 39 legal issues of the 2013 Annual Report. It addresses patent law, trademark law, copyright law, unfair competition, contractual intellectual property rights, liability of intellectual property infringement, and intellectual property litigation procedure and evidence. While China is not a common law country, these cases and guidelines provide lower courts with meaningful insight and direction.